Feminicidio y la perspectiva de género en la Ley n.º 5777/16

Abstract

This paper presents the results of a research that aimed to analyze the essential elements of the punishable act of femicide, and the gender perspective, incorporated into the Paraguayan criminal legislation by Act number 5.777/16. The methodology used was qualitative, non-experimental design, with a descriptive scope of documentary and narrative type. The findings were as follows: in terms of the elements, the law includes the categorization of femicide as a punishable act whose legal right of protection is the life of a woman, establishing 10 years as the minimum penal framework, as opposed to simple homicide. Femicidal violence is the action that attacks a fundamental right -life- and causes or attempts to cause the death of a woman, motivated by her condition as a woman, both in the public and private sphere. The circumstances vary in the different legislations, but in all cases, it is the outcome of an act of violence against women, for reasons of gender and discrimination. As for legal disadvantages, the gender element incorporated in Article 50 does not disregard the principle of legality and the punishable conduct does not constitute an open criminal offense, since it clearly defines the behavior it is intended to prevent, without disregarding the right to defense. In relation to effectiveness, the statistics analyzed show that only 24% of the cases registered resulted in convictions. This reveals that the law under study has not yet had a positive impact.